Is Chocolate Bash obligated to assist in negotiating the purchase or lease of a site?

According to Chocolate Bash's 2024 Franchise Disclosure Document, Chocolate Bash is not obligated to assist franchisees in negotiating the purchase or lease of a site. However, Chocolate Bash will review and advise franchisees regarding potential locations that they submit. If a franchisee signs a Multi-Unit Development Agreement, Chocolate Bash will approve the location of future sites and territories for those sites, applying their then-current standards for sites and territories.

Chocolate Bash does not select the site for the franchisee. The franchisee and Chocolate Bash will specify the area in which the franchisee must select a site in the Franchise Agreement. The site is subject to Chocolate Bash's approval, and the franchisee must provide all required information and documents about the site to obtain this approval. Chocolate Bash considers factors such as general location, neighborhood, competition, trade area demographics, traffic patterns, parking, size, physical characteristics of existing buildings, and lease terms when approving sites.

The time limit for Chocolate Bash to approve or disapprove a proposed site is 30 days after the franchisee submits all required documents and information. If the franchisee and Chocolate Bash cannot agree on a site, the franchisee will be unable to meet the deadline for opening the franchise, potentially leading to default and termination of the franchise agreement, unless Chocolate Bash agrees to extend the deadline. Chocolate Bash is also not obligated to assist franchisees in conforming the premises to local ordinances and building codes or obtaining required permits, which remains the franchisee's responsibility.